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MS HB1398

Bill

Status

Failed

6/9/2020

Primary Sponsor

Dana Criswell

Click for details

Origin

House of Representatives

2020 Regular Session

AI Summary

  • Prohibits law enforcement officers from requesting, requiring, or inducing persons to waive their interest in property subject to forfeiture; any such waivers are declared null, void, and inadmissible in court.

  • Changes the standard of proof in forfeiture proceedings from "preponderance of the evidence" to "clear and convincing evidence" for the petitioner.

  • Requires law enforcement agencies to obtain a seizure warrant within 72 hours of seizing property (excluding weekends and holidays) or notify the property owner that it will not be forfeited and provide retrieval instructions.

  • Establishes a public, searchable website maintained by the Mississippi Bureau of Narcotics to track seized property from seizure through final disposition, with law enforcement agencies required to upload information within 30 days.

  • Effective July 1, 2020.

Legislative Description

Seizure and forfeiture; prohibit waiver of forfeiture and revise standard of proof.

Last Action

Died In Committee

6/9/2020

Committee Referrals

Judiciary, Division B5/11/2020
Judiciary B2/17/2020

Full Bill Text

No bill text available